35Application fee not refundable except in certain circumstances

35  Application fee not refundable except in certain circumstances

 (1) Subject to subsection (2), an application fee paid by an applicant or bidder under this instrument is not refundable in any circumstances, including:

 (a) if the applicant withdraws from the allocation process; or

 (b) if the applicant or bidder is taken to withdraw from the allocation process; or

 (c) if the applicant or bidder is not permitted to make a bid in the 3.4 GHz auction or the 3.7 GHz auction.

 (2) An application fee paid by an applicant under this instrument is refundable if both the following occur:

 (a) the ACMA exercises a power under section 25 (about varying key settings);

 (b) the applicant withdraws its application before the extended eligibility deadline by giving the ACMA notice in writing.

 (3) If subsection (2) applies in relation to an applicant, the ACMA must refund the application fee no later than 6 months after the applicant withdraws its application.